Wilson.T.Joseph vs The Mulanthuruthy Housing ...
2022 Latest Caselaw 8858 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 1660 OF 2022
PETITIONER:

            WILSON T.JOSEPH, AGED 59 YEARS,
            S/O. T.K.JOSEPH, THLAKULATHIL HOUSE,
            PERUMPILLY P.O., MULANTHURUTHY,
            ERNAKULAM DISTRICT, PIN-682314.

            BY ADVS.M.M.MONAYE
            M.PAUL VARGHESE
            NIRMALA P.V.
            K.V.SANOSH



RESPONDENTS:

    1       THE MULANTHURUTHY HOUSING CO-OPERATIVE SOCIETY LTD.NO.
            E 304, MULANTHURUTHY P.O., PIN-682314,
            REPRESENTED BY ITS SECRETARY.

    2       BOARD OF DIRECTORS OF THE MULANTHURUTHY HOUSING
            CO-OPERATIVE SOCIETY LTD. NO. E 304,
            MULANTHURUTHY P.O., PIN-682314,
            REPRESENTED BY ITS PRESIDENT.

    3       JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
            CIVIL STATION, KAKKANAD, COCHIN-682030.

            BY ADVS.K.T.THOMAS
            N.SUNIL
            SMT.PARVATHY K., GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1660 OF 2022
                                  -2-

                            JUDGMENT

The petitioner says that he retired, on

attaining the age of superannuation, from the

services of the 1st respondent - Society on

31.07.2020; but complains that his retiral

benefits have not yet been disbursed. He says that

the only reason stated by the Society in refusing

to accede to his benefits is that they are going

through financial crisis.

2. Sri.M.M.Monaye - learned counsel for the

petitioner, however, submitted that if the Society

is unable to accede to his client's request for

payment of retiral benefits in full, he is willing

that they be allowed to adjust a loan facility

availed of by his wife, so that only the balance

need be paid to him.

3. The learned Standing Counsel for the

Society - Sri.P.T.Thomas, affirmed that his client

is going through an extreme financial crisis, WP(C) NO. 1660 OF 2022

particularly because one of their employees had

misconducted, causing loss to the extent of

several lakhs of rupees. He submitted that,

therefore, if this Court is so inclined, the

petitioner can be heard on the afore suggestion

also and an apposite decision taken, without any

further delay.

Taking note of the afore submissions, I order

this writ petition with the following directions:

(a) The competent Authority of the 1st

respondent will hear the petitioner on the

suggestion that his retiral benefits be paid to

him after adjustment of the amount of liability in

the loan facility availed of by his wife. For this

purpose, they will also be at liberty to hear the

petitioner's wife and obtain necessary

undertakings from her.

(b) On the afore being done and the balance of

the retiral benefits being so computed, same shall WP(C) NO. 1660 OF 2022

be released to the petitioner, as expeditiously as

is possible, but not later than six months from

the date of receipt of a copy of this judgment.

(c) Needless to say, until such time as the

exercise in direction (a) is completed, no

recovery against the petitioner's wife will be

pursued.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 1660 OF 2022

APPENDIX OF WP(C) 1660/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 27.6.2020 SUBMITTED TO THE SOCIETY.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 6.1.2021 SUBMITTED TO THE SOCIETY.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 26.3.2021 SUBMITTED TO THE SOCIETY.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 25.6.2021 SUBMITTED TO THE SOCIETY.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 29.6.2021.

EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPTS DATED 30.6.2021.

EXHIBIT P7 TRUE COPY OF CIRCULAR 15/2021 DATED 9.3.2021.

EXHIBIT P8 TRUE COPY OF CIRCULAR NO.4/99 DATED 16.2.1999.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO.13407/2021 DATED 7.7.2021.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 14.7.2021.

EXHIBIT P11 TRUE COPY OF THE LETTER OF THE SOCIETY DATED 9.9.2021.

EXHIBIT P12 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE BUILDING ISSUED BY THE MULANTHURUTHY GRAMA PANCHAYATH DATED 4.8.2021.